Jon L. Barnes AZ
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
MR. JON L. BARNES - PROPERTIES WEST, INC.
APPLICATION FOR ANNEXATION ABD ZONING
A PORTION OF THE NE 1/4 OF THE HE 1/4 OF SECTION 18, TOWNSHIP
3 HORTH, RANGE 1 EAST BOISE MERIDIAN, ADA COUNTY, IDAHO
SOUTH OF FRANKLIN ROAD, WEST OF LOCUST GROVE ROAD
MERIDIAN, IDAHO
FINDIBGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing on January 14, 1997 at the hour of 7:00
o'clock p.m., at the Meridian City Hall, 33 East Idaho Street,
Meridian,
Idaho,
a representative of the Applicant,
Gary Lee,
hereinafter referred to as the
"Representative,"
appearing in
person, the Planning and Zoning Commission of the City of Meridian
having duly considered the evidence and the matter makes the
following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1.
The notice of public hearing on the application for
annexation and zoning was published for two (2) consecutive weeks
prior to the said public hearing scheduled for January 14, 1997,
the first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the January 14,
1997,
hearing;
that the public was given full opportunity to
express comments and submit evidence;
and that copies of all
notices were available to newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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2.
The property included in the application for annexation
and zoning is described in the application, and by this reference
is incorporated herein.
The property is approximately 26.6 acres
in size.
3
The property is presently zoned by Ada County as RT,
Rural Transitional, and is used as agricultural pasture land; the
Applicant requests the property be zoned I-L, Light Industrial.
4.
The Applicant intends to develop an upper end light
industrial business park subdivision of 18 building lots and five
common lots.
The use of the lots will be specifically permitted
uses under the I-L, Light Industrial,. zone as set forth in the
present Zoning and Development Ordinance of the City of Meridian,
Idaho,
hereinafter referred to as the
"Zoning Ordinance,"
or
otherwise restricted by the Covenants, Conditions & Restrictions
(CC&Rs) which the Applicant plans to present.
The Applicant stated
t.aat. the uses it will not allow on the property, and are thus
restricted uses and which are restrictions to be imposed by the
Applicant pursuant to the CC&Rs, are Asphalt & Concrete, Automobile
Wrecking Yard
&
Storage,
Fuel Yards,
Junk Yard,
Mobile
Home
Manufacturing, Railroad Yards & Shops, Recycling Plants, and Solid
Waste Transfer Stations.
The forgoing permitted uses are permitted
uses, but will not be allowed on or at the property pursuant to the
CC&Rs to be recorded with the final plat of the property.
5.
In the application and at the hearing, the Representative
requests that the conditional use process not be a condition of
annexation.
Applicant requested that the uses which are permitted
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
MR. JON L. BARNES _. PROPERTIES WEST, INC.
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uses in the I-L, Light Industrial zone pursuant to the Zoning
Ordinance be permitted uses at the property without the necessity
of securing conditional use permits; uses which are allowed by
conditional use permit in the I-L, Light Industrial zone pursuant
to the Zoning Ordinance would still require the necessity of
securing a conditional use permit for such use pursuant to the
Zoning Ordinance.
The Applicant will consider entering into a
development agreement with the City of Meridian to restrict the
permitted uses of the property.
The Applicant has one use planned
for the property, and will have a controlled environment as to the
development of the property.
6.
The property is south of Franklin Road and approximately
500 feet west of Locust Grove Road.
The surrounding properties are
of mixed use: to the north are light industrial businesses; to the
northwest a subdivision presently being marketed as industrial;
across
Franklin
Road
is
a
pumice
block
business
which
is
industrial; to the north and northeast is the Doug Tamura property
being zoned commercial general and light industrial; to the west,
south and east of the property is not in the City and is zoned RT
by Ada County; also there is property zoned Rl by Ada County, which
is at the northwest corner and southeast corner of the property.
7.
There currently exists six single family homès along the
easterly boundary of the property situated on acreages ranging in
size from one to three acres.
There exists two single family homes
on the westerly boundary, one of which is a rental mobile home
which belongs to the owner of the parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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'---".
8.
Mr.
Jon L.
Barnes,
of Properties West,
Inc.
is the
Applicant.
Properties West, Inc. owns a portion of the property.
Gary R. Little and Deborah A. Little own the other portion of the
property.
Gary R. Little and Deborah A. Little consented to the
application and have requested and consented to the annexation of
the portion of the property they own.
The application is not at
the request of the City of Meridian.
9.
Ada County Highway District (ACBD) may submit comments
and they shall be incorporated herein as if set forth in full when
submitted.
10.
Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, submitted comments
which comments are incorporated herein as if set forth in full.
The comments included: that the legal description for annexation
included
in
the
application
appears
to
conform
to
all
the
provisions of the City of Meridian Resolution No.
158, and the
requirements of the Idaho State Tax Commission; that any existing
irrigation/drainage ditches crossing the property to be included in
the project, shall be tiled per City Ordinance 11-9-605 M.; that
the ditches to be piped are to be shown on the Preliminary Plat;
that
the
plans
will
need to be
approved by the
appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department; that no variances have been requested for tiling of any
ditches crossing the project; that any existing domestic wells
and/or septic systems within this project will have to be removed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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turnaround design; that John Priester, the Ada County Surveyor, has
recently indicated that it is not desirable to show these temporary
turnarounds on the plats, because it is then a dedicated public
right-of-way that must later be vacated; that Mr. Priester stated
the best solution to this problem is - to record an instrument,
either prior or after plat recordation, providing an easement for
this purpose, and that the document would have a provision that the
easement would automatically be rescinded when the streets are able
to go through; that the Applicant has indicated in his preliminary
plat Note No.9 that "improvements along E. Franklin Road (future)
will be Road Trusted and constructed by Ada County Highway District
at a later date;" that the Applicant is to install a five-foot-wide
detached sidewalk along the Franklin Road frontage at this time
ahead of the Ada County Highway District reconstruction; that a 20
feet wide planting strips are required to be placed adjacent to all
residential properties in accordance with City Ordinance Section
11-9-605 G.;
that a planting strip needs to be added on the
westerly boundary of the property; that the planting strip shall
not. be
a
part
of
the
normal
street
right-of-way
or utility
easements; that any contractor's yards proposed must be located a
minimum distance of 300 feet from any residence, except for an
owner's residence,
have a screening fence erected around areas
utilized for
storage of equipment, wi th the areas
limited to
storage, maintenance and processing incidental to contracting work;
that lighting shall be designed so as not to cause glare or impact
adjacent residential properties,
as determined by the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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Meridian; that the Meridian Comprehensive Plan states that all uses
within this Mixed/Planned Use Development Area shall be developed
as a planned unit development under the conditional use process
which will be particularly important if the proposed zoning is
approved because of the possibility of. adverse impacts on adjacent
residential properties; and that the potential for incompatible
uses is great if the I-L, Light Industrial,
zoning is approved
without stringent development guidelines being imposed.
11.
The Meridian Police and the Nampa & Meridian Irrigation
District submitted comments which are incorporated herein as if set
forth in full.
12.
The Meridian Fire Department submitted comments which are
incorporated herein as if set forth in full.
These comments
included: that there is only one way in and out of the complex;
that as long as all codes, number of hydrant requirements, and
water supply requirements are met, the Meridian Fire Department
will not have a problem.
13.
The Central District Health Department submitted comments
which are incorporated herein as if set forth in full.
These
comments included: that after written approval from the appropriate
entities are submitted, it can approve this proposal for central
sewage; that plans for central sewage and central water must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality; that it recommends that
the first one half inch of storm water be pretreated through a
grassy swale prior to discharge to the subsurface to prevent impact
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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to groundwater and surface water quality; and that the engineers
and architects involved with the design of the project should
obtain current best management practices for storm water disposal
and design a storm water management system that is preventing
groundwater and surface water degradation.
14.
The Representative stated that the proposed improvements
that the Applicant is identifying are the roads, water, waste water
collection
facilities,
storm drain
facilities
and pressurized
irrigation.
The Representative further stated that in addition to
the foregoing improvements there will be a landscaped common lot
along Franklin Road, 35 feet in width, a landscaped entry island
into the project and there will be a landscaped buffer strip along
the easterly boundary 20 feet wide.
15.
The Representative stated that the building which the
Appliçant
envisions
constructing
is
intended
to
be
of
light
industrial use that would lend to a small business operation that
somewhat needs a store front and also a requirement of a storage
area in the rear.
16.
The Representative stated that the Applicant had a couple
neighborhood meetings with the adjoining property owners,
and
invitations were sent to the property owners within 300 feet of the
property; that the Applicant had an occasion to meet wíth a couple
of the property owners on a one on one basis and reviewed some of
the concerns they had previously expressed.
The Representative
stated that
they discussed the
irrigation
system that
is
an
existing ditch that will be piped.
The ditch, in its state today,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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has
caused
leakage
problems
and
contributed
to
flooding
of
basements to the east side of the property.
they can alleviate some of that problem.
By piping the ditch,
17.
The Representative, on behalf of the Applicant, responded
by letter dated January 13,
1997, to the submitted comments of
Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles,
Planning
and
Zoning
Administrator.
.Said
response
of
the
Representative are hereby incorporated herein as if set forth in
full.
18.
with
regard
to
the
Applicant's
request
that
the
conditional use process not bea condition of annexation, the
Representative stated that this development will not be a mixed use
development, but a single use development.
The particular uses
have
been
identified,
and they will
identify controls.
The
Representative stated that the conditional use permit requirement
will place the developer at a disadvantage when competing with the
developer across from the property; there exists industrial uses
within the City of Meridian which do not require conditional use
processes; and consistent with a statement in the comprehensive
plan, they are attempting to develop business atmosphere and to
create jobs, increase economic base and other things which the City
is desiring.
19.
In
response
to
a
question
of
Commissioner
MacCoy
concerning control over building construction, the type and color
of the material used, the Representative stated that there will be
an architectural control committee established,
and they have
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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identified building material to be used and the types of products
to be used in the development.
The construction will need the
approval
of
the
architectural
control
committee,
including
landscape plans, site plan and building materials.
The intent is
to try to have the same feel throughout the project as created in
the entrance.
They will keep full control of everything until the
last lot is sold.
20.
Jim Boyd stated to the Commission that he is in the
commercial real estate business and has specialized in industrial
real estate for 19 years in the Boise area.
Mr. Boyd stated that
he believes the project the Applicant is proposing goes well beyond
the developments seen in the past with the exception of the one
like Central Valley.
The restrictive covenants used by residential
developments are good for this type of project.
The restrictive
covenants make the project viable not only during the selling
phase, but viable and workable into the future.
The architectural
control
committee
cannot
be
dictatorial
because
of
different
products
coming
into
the
market;
however,
it
provides
for
consistency in the project.
Mr. Boyd believes there is a need for
this type of project; it offers a nice affordable environment for
small businesses.
21.
Mr. Boyd stated that he would like to see the conditional
use process not be a condition of the project.
The conditional use
process puts the development at a disadvantage.
22.
There was testimony at the hearing objecting to the
application which was principally as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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a. Jim Witherell testified that the difference between
this project and other properties is that the project
immediately adjoins housing. When the City of Meridian
adopted its Comprehensive Plan it adopted some very good
standards which include the following: the adjoining
property owners cannot lose property value, cannot lose
water, cannot suffer damage, and cannot incur health
risks. For this reason, light industrial is in
segregated areas; areas in which there are no housing.
The property has Rl housing on both sides. His house is
with 12 feet of the property line. The house on the west
side is within one foot of the property line. Mr.
Witherell desires the conditional use process to be a
condi tion of the approval Of the application. As
adjacent property owners, they look at landscaping from
the rear, whereas the landscaping is designed from the
front. From the rear, the landscaping is a chain link
fence and a couple of trees. Based upon definition or
logic, the application has to be denied because no amount
of landscaping and conditional use restrictions can quiet
industrial noise, dim industrial lighting or prohibit
heal th or safety risks to residential areas. The
proposed covenants, conditions .and restrictions do not
provide protection because they do not provide standards,
only statements. In response to questions from Chairman
Johnson and Commissioner Borup, Mr Witherell stated that
he does not object to development of the property, but
objects to the proposed zoning and use.
b. Ann Witherell testified that if the property is
developed as light industrial there will be constant
noise. She testified the noise created by traffic and
vehicles based upon statistics, and based upon the
statistics concerning noise, the proposed industrial park
creates a health risk and property values will decline.
In response to Commissioner Oslund's question, Ann
Witherell stated that the statistics are compiled by the
Federal Bureau of Transportation.
c. Ted Hanson stated that he had several questions
which were not addressed. These questions included
whether permission from the Corps of Engineers for a
filtration system adjacent to Franklin Road .and whether
the usage of the property would be 24 hours a day which
would increase the noise level at night.
d. Robert R. Smith testified that during the
development of the property, they will be adversely
affected by dust, noise and pollutants during
construction. They will need a buffer because his and
other neighboring properties adjoin the property. Their
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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backyards adjoin the property and they spend a lot of
time in their backyards.
22.
The Representative testified in response to Mr. Hanson's
testimony, Mr. Smith's testimony and the witherell's testimony as
follows.
Irrigation from the property has historically run north.
The water drains into a drainage that crosses Franklin Road, and
then through a natural drainage into the Five Mile Creek on the
north side of Franklin Road.
The policies. of Nampa & Meridian
Irrigation District, the City of Meridian, and Ada County Highway
District in the design of storm water facilities are to permit the
existing
amount
of
discharge
to
continue
after
development.
However,
Ada
County
Highway
District,. the
City
and
Corp
of
Engineers have guidelines for the quality of the discharge water.
The
rates
of
flow
will
be
in
accordance
with
the
current
regulations and codes.
The approval of the Corp of Engineers comes
in the final design phase of the first final plat along with other
issues.
With regard to Mr. Smith testimony, there exist requirements
imposed upon them; dust will be minimized through the availability
and use of water trucks;
trash fences will be constructed to
contain building materials which may be blown from the property.
It does not matter if construction occurs on the property, there
will be such a phase of the development of the property.
with regard to the Witherell's testimony, they are concerned
about the health and well being of the neighbors.
They will make
every effort to prepare the designs and seek the approval of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
MR. JON L. BARNES -- PROPERTIES WEST, INC.
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regulatory agencies having control over the project.
There exist
agencies to control the use of the lots after construction.
They
do not intend to build anything in the project that is not in
accordance with currently adopted regulations and standards.
23.
In response to questions of. Commissioner MacCoy, the
Representative stated that he has read nothing in the covenants,
conditions and restrictions concerning the restriction of noise,
but such could be added if the City so desired.
24.
There was comment and discussion between the Commission,
the Representative concerning the proposed plat and design for the
development of the property.
25.
The Representative further testified that there are other
areas in which light industrial borders residential area.s.
One of
these areas is a stretch along Emerald Street between Five Mile and
Maple Grove, and there is no buffer strips at all.
These areas
have managed to make the uses compatible, and it seems to work just
fine.
26.
Mr. Smith testified in response to the Representative's
comments
concerning
the
bordering
of
light
industrial
and
residential.
Mr. Smith's testimony included that he is retired
from Idaho Power.
That while working for Idaho Power,
he~
worked to restore a power outage at Sears computer industry,
because of the noise.
There is a conflict because of the uses of
the respective areas during different hours of a day.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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27.
George and Mary Ann States submitted a letter concerning
this application, which letter is incorporated herein as if set
forth in full.
28.
Monte c.
McClure submitted a letter concerning this
application, which letter is incorporated herein as if set forth in
full.
29.
Archie T. and Ernistine Roberson ,James N. and Ann C.
Wi therell, Gene and Vernadene pressJ.ey, and Robert R. and Jeri
Smith,
submitted a letter objecting to this application, which
letter is incorporated herein as if set forth in full.
30.
There were no other comments by the public regarding this
application.
31.
The
property
included
in
the
annexation
and
zoning
application is within the Area of Impact of the City of Meridian.
32.
The
property
requested
to
be
annexed
is
presently
included within the Meridian Urban Service Planning Area (U.S.P.A.)
as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan and in the Meridian Area of Impact.
33.
The property can presently be physically serviced with
city sewer and water.
34.
The
following
pertinent
statements
are made
in
the
Meridian Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic
Development Goal statement.
1.
Policies
1.1
The city of Meridian shall make every effort
to create a positive atmosphere which
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
MR. JON L. BARNES - PROPERTIES WEST, INC.
1.2
1.3
* * * *
1.5
* * * *
1.8
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encourages industrial and commercial
enterprises to locate in Meridian.
It is the policy of the City of Meridian to
set aside areas where commercial and
industrial interests and activities are to
dominate.
The character, site improvements and type of
new commercial or industrial developments
should be harmonized with the natural
environment and respect the unique needs and
features of each area. .
Strip industrial and commercial uses are not
in compliance with the Comprehensive Plan.
The City of Meridian intends to establish a
Design Review Ordinance which will foster
compatible land use and design within the
development, and with contiguous developments;
and encourage innovations in building
techniques, so that the growing demands of the
community are met, while at the same time
providing for the efficient use of such lands.
COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19.
35.
The
following
pertinent
in
the
statements
are
made
Meridian Comprehensive Plan under LAND USE, INDUSTRIAL POLICIES.
3.1
Industrial development within the urban service
planning area should receive the highest priority.
* * * *
Access to industrial areas from collector and local
streets will be discouraged.
Industrial uses adjacent to residential areas
should not create noise, odor, air pollution, and
visual pollution greater than levels normally
associated with surrounding residential activities.
3.3
3.4
3.5
Industrial development should be encouraged
locate adjacent to existing industrial uses.
to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
MR. JON L. BARNES -PROPERTIES WEST, INC.
3.6
3.7
3.8
3.9
e
-
Industrial areas should be located within proximity
to major utility, transportation and services
facilities.
Industrial uses which require the storage or the
production of explosive or hazardous materials
should not be located near residential areas, and
should conform to disposal, spill and storage
measures as outlined by the U. S. Environmental
Protection Agency. -
Industrial uses which require the storage or
production of explosive or toxic materials should
be excluded from any area which has a potential of
flooding from natural runoff or canal breakage.
Industrial uses should be located where discharge
water can be properly treated or pre-treated to
eliminate adverse impacts upon the City sewer
treatment facility and irrigated lands that receive
industrial runoff water.
3.10 Industrial uses should be located where adequate
water supply and water pressure are available for
fire protection.
3.11
3.12
Zoning and development within each of the
Industrial Review Areas should be analyzed to
ascertain if there are potential problems or
conflicts which would hinder the development of
these areas by private industrial and business
interests.
All industrial proposals that pertain to the
Industrial Review Areas shall be reviewed and
monitored by the City Councilor designated
commissions or committees, so that approved uses
are compatible with surrounding planned uses and
preserve the integrity of the review areas.
Eastern-Eaqle Road Liqht Industrial Review Area.
3.13 It is the policy of the City of Meridian to encourage and
promote the development of an overpass at the
intersection of Locust Grove Road and I-84 by the Idaho
Department of Transportation
3.14 The character, site improvements and type of light
industrial developments should be harmonized with
the residential uses in this area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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3.15 The City of Meridian shall encourage the
development of a Technological park and compatible
light industrial uses within the proximity of the
Idaho Foreign Trade Zone.
3.16U
Land uses within the Eastern Light Industrial
Review area must be clean, quiet, and free of
hazardous or objectionable elements.
3.17U
It is the policy of the City of Meridian to
encourage and promote light industrial
development in the Eastern Light Industrial
Review Area.
COMPREHENSIVE PLAN CITY OF MERIDÌAN at page 24 - 25.
36.
In the Meridian Comprehensive Plan under TRANSPORTATION,
Franklin Road, East of Meridian Road, and Eagle Road, North of
Overland
Road,
are
designated
as
Principal
Arterials.
See
COMPREHENSIVE PLAN CITY OF MERIDIAN at pa~e 43.
37.
In
the
Meridian
Comprehensive
Plan
under
COMMUNITY
DESIGN, Entryway Corridor, Franklin Road (East and West entrances)
and Eagle Road (North and South entrances) are designated gateway
arterials.
See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72.
The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following
statements under COMMUNITY DESIGN relative to entrance corridors:
Entrance Corridors Goal statement
Promote, encourage, develop and maintain
aesthetically-pleasing entrances to the City of Meridian.
4.
Policies
4.1U Jointly plan entryway corridors to Meridian
with Nampa and Boise.
4.2U Support ACHD corridor development standards
for the entryways to the City.
4.3U Use the Comprehensive
regulations, and zoning to
Plan, subdivision
discourage strip
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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development and encourage clustered, landscaped
business or residential development on entrance
corridors.
4.4U Encourage landscaped setbacks for new
development on entrance corridors. The City shall
require, as a condition of development approval,
landscaping along all entrance corridors.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73.
38.
The property is included within an area designated on the
Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY
OF MERIDIAN as Commercial.
39.
The requested zoning of Light Industrial (I-L) is defined
in the Zoning Ordinance at 11-2-408 B. 14. as follows:
(I-L) Liqht Industrial: The purpose of the (I-L) Light
Industrial District is to provide for light industrial
development and opportunities for employment of Meridian
citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the
development of manufacturing and wholesale establishments
which are clean, quiet and free of hazardous or
objectionable elements, such as noise, odor, dust, smoke
or glare and that are operated entirely or almost
entirely within enclosed structures; to delineate areas
best suited for industrial development because of
location, topography, existing facilities and
relationship to other land uses. This district must also
be in such proximity to insure connection to the
Municipal Water and Sewer systems of the City of
Meridian. Uses incompatible with light industry are not
permitted, and strip development is prohibited.
40.
Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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.
CONCLUSIONS OF LAW
1.
All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met;
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicants' property.
2.
The City of Meridian has authority to annex land pursuant
to Idaho Code Section 50-222 and Section -11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian.
The exercise of
the City's annexation authority is a legislative function.
3.
The
Planning
and
Zoning commission
has
judged
this
annexation and zoning application under Idaho Code Section 50-222,
Title
67,
Chapter
65,
Idaho Code,
Meridian
City
Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it may take judicial notice.
4.
All notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5.
The
Council
may
take
judicial
notice
of
government
ordinances, and policies, and of actual conditions existing within
the City and State.
6.
The land within the proposed annexation is contiguous to
the present city limits of the city of Meridian, and thé annexation
would not be a shoestring annexation.
7.
The annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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8. Since the annexation and zoning of land is a legislative
function, the City has authority to place conditions upon the
annexation of land. See Burt vs. The Citv of Idaho Falls, 105
Idaho 65, 665 P2d. 1075 (1983).
9.
The development of annexed land must meet and comply with
the Ordinances of the City of Meridian and in particular Section
11-9-616,
which
pertains
to
development
time
schedules
and
requirements; Section 11-9-605 M., which pertains to the tiling of
ditches and waterways; and 11-9-606 14., which requires pressurized
irrigation.
10.
The Applicants stated that it intends to develop an upper
end light industrial business park subdivision of 18 building lots
and five common lots.
Any uses would have to comply with the
Zoning Ordinance.
11.
The City adopted the Comprehensive Plan at its meeting on
January 4,
1994,
and has not amended the Zoning Ordinance to
reflect the changes made in the Comprehensive Plan.
Thus, uses may
be called for or allowed in the Comprehensive Plan but the Zoning
Ordinance may not address provisions for the use.
It is concluded
that upon annexation, as conditions of annexation, the City may
impose restrictions that are not otherwise contained in the current
Zoning and Subdivision and Development Ordinances.
12.
It is concluded that the City could annex the property
and zone it (I-L) Light Industrial, but once the property was zoned
(I-L) Light Industrial, the Applicants could place many different
uses on the property without additional approval from the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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8
other than building permits, which limits the control that the City
should have over the development and the uses of the property due
to the mandates of the Comprehensive Plan.
13.
It is concluded, as a condition of annexation and zoning,
that any use or development of the property shall only be allowed
under the conditional use process.
14.
As the COMPREHENSI~E PLAN CITY OF MERIDIAN provides under
LAND USE, Eastern-Eagle Road Light Industrial Review Area, in 3.14
and 3.16U, at page 25, the character, site improvements and type of
light
industrial
developments
should
be
harmonized
with
the
residential uses in the area; that land uses in the Eastern Light
Industrial Review area must be clean, quiet, and free of hazardous
or objectionable elements; and that because the City should have
control over any uses that are to be placed on the land, it is
therefore concluded that development of the property shall be under
the conditional use permit process.
15.
It is concluded that the property should be annexed and
zoned (I-L) Light Industrial, but only capable of being developed
under the conditional use permit process.
16.
As a condition of annexation and the zoning of (I-L)
Light Industrial, the Applicants shall be required to enter into a
development agreement as authorized by 11-2-4l6 L and'II-2-4l7 D;
that the development agreement shall address, among other things,
the following:
a.
Inclusion into the development the requirements of
11-9-605;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2l.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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b.
Payment by the Applicants, or if required, any
successors in interest, assigns, heirs, executors
or personal representatives, of any impact,
development, or transfer fee, adopted by the City;
c.
Addressing the property access linkage, screening,
buffering, transitional land uses and traffic
study;
d.
An impact fee, or fees, for park, police, and fire
services as determined by the City;
e.
Appropriate berming and landscaping;
Submission and approval of any required plats;
f.
Submission and approval of individual building,
drainage, lighting, parking, and other development
plans of the property;
Harmonizing and integrating the site improvements
wi th the surrounding residential development and
other development;
Establishing the 35 foot landscaped setback
mentioned in the Comprehensive Plan and landscaping
the same;
j.
Addressing the comments of the Assistant to the
City Engineer and Planning and Zoning
Administrator;
The sewer and water requirements;
Traffic plans and
development; and
into
and
of
out
access
any
Any other items deemed necessary by the City Staff,
including. design review of all development, and
conditional use processing.
17.
Section
D of the Meridian Zoning Ordinance
11-2-417
provides in part as follows:
If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office
of the Ada County Recorder and shall take effect upon the
FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 22.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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adoption of the ordinance annexing and zoning the
property, or prior if agreed to by the owner of the
parcel.
It
is
concluded,
however,
that it
is more appropriate
for a
development agreement to be entered into when plans for development
of the property are determined, and therefore as a condition of
annexation a development agreement must be entered into prior to
development of the property or issuance of final plat approval.
18.
It is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, and it
is concluded that the annexation shall be conditioned on meeting
the requirements of these Findings of Fact and Conclusions of Law
and if they are not met the land may be de-annexed.
19.
The requirements of the Meridian City Engineer,
Ada
County Highway District, Meridian Planning Administrator, Central
District
Health
Department,
the
Nampa
&
Meridian
Irrigation
District and other governmental agencies shall be met and addressed
in a development agreement.
20.
All ditches, canals, and waterways shall be tiled as a
condition of annexation and if not so tiled, the property shall be
subject to de-annexatiori.
21.
Pressurized
irrigation
shall
be
installed
and
constructed, and if not so done the property shall be subject to
de-annexation.
22.
The Applicants will be required to connect the property
to Meridian water and sewer and resolve how the water and sewer
mains will serve the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
MR. JON L. BARNES - PROPERTIES WEST, INC.
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23.
The development of the property shall be subject to and
controlled
by
the
Zoning
and
Development
Ordinance
and
the
development agreement, and it shall only be developed under the
conditional use process.
24.
These conditions shall run with the land and bind the
Applicants
and their
successors
in interest,
assigns,
heirs,
executors or personal representatives.
25.
With compliance of the conditions contained herein, the
annexation and zoning of the property as (I-L) Light Industrial
would be in the best interest of the City of Meridian.
26.
If these conditions of approval are not met, the property
shall not be annexed or if already annexed, it shall be de-annexed.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Meridian Planning and Zoning Commission of the City
Couftcil of Meridian hereby adopts and approves these Findings of
Fact and Conclusions of Law.
ROLL CALL
COMMISSIONER BORUP
VOTED
COMMISSIONER OSLUND
VOTED
COMMISSIONER MACCOY
VOTED
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
MR. JON L. BARNES -- PROPERTIES WEST, INC.
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DECISION AND RECOMMENDATION
The Planning and Zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for annexation and zoning under the conditions set forth in
these Findings of Fact and Conclusions of Law, including that the
Applicants
or
their
successors
in
interest,
assigns,
heirs,
executors or personal representatives enter into a development
agreement,
and that the property only be developed under the
conditional use process; that if the Applicants are not agreeable
with these Findings of Fact and Conclusions of Law and are not
agreeable with entering into a development agreement, the property
should not be annexed.
MOTION:
~ .../1-11'
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
MR. JON L. BARNES - PROPERTIES WEST, INC.